Homeland Security Secretary Kristi Noem said in a CBS News interview that the Trump administration is focused on "going after the worst of the worst and doing it the right way," as questions are raised about the vetting process for migrants deported to a maximum security prison in El Salvador.
The Trump administration has sent hundreds of migrants accused of belonging to Venezuelan and Salvadoran gangs to the Salvadoran mega-prison, citing the Alien Enemies Act of 1798, a law that allows deportations when the U.S. is facing an invasion. Documents reviewed by CBS News show many of them had no criminal records.
Several judges have pushed back on the deportations, and the Supreme Court ruled earlier this month any migrants who are removed under the Alien Enemies Act must get a chance to ask courts to review their cases.
One area where the government has admitted an error is in the case of Kilmar Abrego Garcia, a Maryland man who was sent to a prison in El Salvador — the country he'd left more than a decade ago. An immigration judge previously ruled it was unsafe for him to return there. His family denies the government's assertion that he is a member of a gang, and the Supreme Court said the administration needs to facilitate his return and handle the case properly.
When asked what she had done to facilitate Abrego Garcia's return, she said she is following the president's direction along with that of "his legal scholars and attorneys."
"[Abrego Garcia] is not under our control. He is an El Salvador citizen. He is home there in his country. If he were to be brought back to the United States of America, we would immediately deport him again," Noem said.
The Trump administration has argued in the past it's up to Salvadoran President Nayib Bukele to decide whether to send Abrego Garcia back, though Bukele has claimed he doesn't "have the power" to return him.
U.S. District Judge Paula Xinis — who initially ordered the government to facilitate Abrego Garcia's return — has accused the administration of making "no meaningful effort to comply" with her demands for more information on the case.
"President Trump and his administration has adhered to the court and respects the court and its decisions," Noem said. "This individual is not under the United States of America's jurisdiction and he is not one of our citizens. He is home in his home country. And that's up to that country to decide what to do."
Despite the government admitting a mistake with Abrego Garcia, Noem maintains the administration spends "hours and hours" building cases against alleged gang members ahead of their deportations.
"Obviously, we're relying on the expertise of our investigators, our teams, double-checking, triple-checking, going through the paperwork, making sure that we have done everything absolutely correctly," Noem said when asked about the veracity of the administration's claims against those who have been deported without due process.
Camilo Montoya Galvez contributed reporting.
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